Third-Party Workplace Lawsuits for Catastrophic Injuries and Death

 Posted on March 13, 2026 in Catastrophic Injuries

Most workplace injuries in Illinois are handled through workers’ compensation. This system allows injured employees to receive benefits without proving that their employer was negligent. In exchange, workers usually cannot file a lawsuit against their employer. However, that does not mean a lawsuit is always off the table. In some situations, another party outside of your employer may be responsible for the accident and your catastrophic injury.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have helped many injured workers recover compensation, including one notable case result where we secured $9 million on behalf of a client who suffered a catastrophic injury in an industrial accident. We take cases on a contingency fee basis, so you won’t pay unless we help you get paid. Our Winnebago County, IL third-party injury lawyer will evaluate your case and advise you of your next steps.

When Can You File a Third-Party Injury Claim in Illinois?

A third-party injury claim arises when someone other than your employer contributed to your injuries. Many workplaces involve multiple companies working in the same environment. Construction sites are a common example. A worker might be employed by one company but injured by the actions of another contractor or subcontractor on the site.

Third-party claims may arise in situations involving:

• Negligent contractors or subcontractors
• Defective machinery or tools
• Unsafe property conditions created by a property owner
• Vehicle crashes involving company drivers or delivery services

These claims are governed by a principle called comparative negligence. In practical terms, this means you have to prove you weren’t more than 50 percent responsible for the accident. Furthermore, if you are found to be partially at fault, you could be paid less for your damages.

What Counts as a Catastrophic Injury in Illinois?

Some workplace accidents cause injuries that permanently change a person’s life. These are often referred to as catastrophic injuries. The term generally describes injuries that cause severe and lasting damage to the body or brain.

A catastrophic injury may prevent a person from returning to work or living independently. These injuries often require extensive medical treatment, rehabilitation, and long-term care. Examples of catastrophic injuries include traumatic brain injuries, spinal cord damage, and amputations. A worker who suffers paralysis after a fall from a scaffold may deal with limitations for life.

The financial impact of these injuries can be enormous. Medical expenses may continue for decades. A person who cannot return to work may lose a lifetime of income.

Filing a Wrongful Death Claim for Third-Party Accidents

Some workplace accidents are tragically fatal. When this happens, workers’ compensation may provide death benefits to surviving family members. However, if another party contributed to the accident, the family may also be able to pursue a wrongful death lawsuit.

By filing a wrongful death claim, the surviving family can recover compensation for a loved one’s death (740 ILCS 180/1). A personal representative usually files the lawsuit on the family’s behalf.

In a workplace setting, a wrongful death claim may arise if a third party caused or contributed to the accident. For example, a fatal accident might involve defective equipment or a crash involving a commercial vehicle. In other incidents, another contractor may have been responsible. Our firm can investigate these claims to help determine who is liable.

Can You Settle a Third-Party Injury Claim Outside of Court in Illinois?

Not every injury lawsuit ends in a trial. In fact, many third-party injury claims are resolved through negotiation outside of court.

A settlement is an agreement between the injured person and the party accused of causing the injury. In exchange for a payment, the injured person agrees to resolve the claim and not pursue further litigation related to the incident.

Settlements can provide several advantages. They may allow both sides to avoid the time and expense of a lengthy trial. They can also give injured people faster access to payment, providing urgent relief. However, if the settlement offer isn’t enough to cover all of the damages, litigation may become necessary.

Common Issues in Third-Party Injury Claims in 2026

Third-party workplace injury claims often involve legal and practical challenges. One major concern is the statute of limitations. In Illinois, injury lawsuits generally must be filed within a specific period after the accident. Waiting too long can prevent a claim from moving forward, even if the injuries are severe.

Insurance companies can be another hurdle to compensation. Insurers may attempt to minimize the value of a claim or argue that their policyholder was not responsible for the accident. They may also dispute medical evidence or question the long-term effects of an injury.

How Much Is a Third-Party Injury Claim Worth After a Workplace Catastrophic Injury?

The value of a third-party injury claim can vary widely. No two cases are exactly alike, and several factors can influence the potential value of a claim.

One of the most important factors is the severity of the injury. Catastrophic injuries often come with major medical costs and lasting limitations. A claim may cover treatment and rehabilitation for years to come.

Lost income is another major factor. If a worker cannot return to the same job, the claim may factor in lost wages. If the worker cannot work at all, it may also account for reduced earning capacity. Clear proof of negligence and strong documentation can raise a claim’s value.

Pain and suffering may also be considered in a third-party lawsuit. After a grisly accident, victims may be left with post-traumatic stress or symptoms of depression. These damages aren’t easy to value, but they should never be overlooked in a catastrophic injury claim.

Contact Our Rockford, IL Personal Injury Lawyers Today

At Mannarino & Brasfield, A Division of Schwartz Jambois, we help injured workers and grieving families understand their legal options after serious workplace accidents. Our firm has secured millions of dollars in verdicts, including multiple six- and seven-figure settlements. We’ve also handled many complex cases, including very serious medical malpractice claims involving infants and children.

Call 815-215-7561 or contact our Winnebago County, IL workplace accident attorneys to schedule a free consultation.